CHAPTER 8. ACTIONS FOR DRUG NUISANCES
IC 32-30-8
Chapter 8. Actions for Drug Nuisances
IC 32-30-8-1
"Nuisance" defined
Sec. 1. As used in this chapter, "nuisance" means:
(1) the use of a property to commit an act constituting anoffense under IC 35-48-4; or
(2) an attempt to commit or a conspiracy to commit an actdescribed in subdivision (1).
As added by P.L.2-2002, SEC.15.
IC 32-30-8-2
"Property" defined
Sec. 2. (a) As used in this chapter, "property" means a house, abuilding, a mobile home, or an apartment that is leased for residentialor commercial purposes.
(b) The term includes:
(1) an entire building or complex of buildings; or
(2) a mobile home community;
and all real property of any nature appurtenant to and used inconnection with the house, building, mobile home, or apartment,including all individual rental units and common areas.
(c) The term does not include a hotel, motel, or other guest house,part of which is rented to a transient guest.
As added by P.L.2-2002, SEC.15. Amended by P.L.87-2005, SEC.38.
IC 32-30-8-3
"Tenant" defined
Sec. 3. (a) As used in this chapter, "tenant" means a person wholeases or resides in a property.
(b) The term does not include a person who:
(1) owns a mobile home;
(2) leases or rents a site in a mobile home community forresidential use; and
(3) resides in a mobile home community.
As added by P.L.2-2002, SEC.15. Amended by P.L.87-2005, SEC.39.
IC 32-30-8-4
Actions to abate nuisance; persons authorized to initiate
Sec. 4. An action to abate a nuisance under this chapter may beinitiated by any of the following:
(1) The prosecuting attorney of the circuit where the nuisanceis located.
(2) The corporation counsel or city attorney of a city in whicha nuisance is located.
(3) An attorney representing a county in which a nuisance islocated.
(4) The property owner.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-5
Action to abate nuisance; notice; requirements
Sec. 5. (a) A person initiating an action under this chapter to abatea nuisance existing on a property shall, at least forty-five (45) daysbefore filing the action, provide notice to:
(1) each tenant of the property; and
(2) the owner of record;
that a nuisance exists on the property.
(b) The notice required under this section must specify thefollowing:
(1) The date and time the nuisance was first discovered.
(2) The location on the property where the nuisance is allegedlyoccurring.
(c) The notice must be:
(1) hand delivered; or
(2) sent by certified mail;
to each tenant and the owner of record.
(d) A person initiating an action to abate a nuisance under thischapter shall:
(1) when notice is provided under this section, produce allevidence in the person's possession or control of the existenceof the nuisance; and
(2) if requested by the owner, assist the owner in the productionof witness and physical evidence.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-6
Action to abate nuisance initiated or joined by owner of record;exempt from notice requirement
Sec. 6. If the owner of record of a property that is the subject ofan action under this chapter initiates or joins in the action under thischapter, the requirement under section 5 of this chapter to providenotice at least forty-five (45) days before filing does not apply to theaction.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-7
Application of trial rules to notice; posting requirement
Sec. 7. (a) Notice of a complaint initiating an action under thischapter must be made as provided in the Indiana Rules of TrialProcedure.
(b) Except in an action under this chapter in which the owner ofrecord of the property that is the subject of the action initiates orjoins the action as a party, the person who initiates an action underthis chapter, not later than forty-eight (48) hours after filing acomplaint under this chapter, shall post a copy of the complaint in aconspicuous place on the property alleged by the complaint to be anuisance.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-8
Service upon defendant
Sec. 8. (a) If the defendant has not been personally served withprocess despite the exercise of due diligence, the person initiating anaction under this chapter, not more than twenty (20) days after thefiling of a complaint and the filing of an affidavit that personalservice on the defendant cannot be had after due diligence, maycause a copy of the complaint to be mailed to the defendant bycertified mail, restricted delivery, return receipt to the clerk of courtrequested. Service is considered completed when the following arefiled with the court:
(1) Proof of the mailing.
(2) An affidavit that a copy of the complaint has been posted onthe property alleged to be a nuisance.
(b) This subsection does not apply to transient guests of a hotel,motel, or other guest house. All tenants or residents of a property thatis used in whole or in part as a business, home, residence, ordwelling who may be affected by an order issued under this chaptermust be:
(1) provided reasonable notice as ordered by the court havingjurisdiction over the nuisance action; and
(2) afforded an opportunity to be heard at all proceedings in theaction.
(c) Notice of lis pendens shall be filed concurrently with theinitiation of an action under this chapter.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-9
Hearing; service upon owner of property
Sec. 9. (a) Except as otherwise provided under rules adopted bythe Indiana supreme court, upon the filing of a complaint initiatingan action under this chapter, the court shall schedule a hearing notlater than twenty (20) days after the filing date.
(b) Service of process must be made upon the owner of theproperty that is alleged in the notice filed under section 5 of thischapter to be a nuisance at least five (5) days before the hearing. Ifservice cannot be completed in time to give the owner the minimumnotice required by this subsection, the court may set a new hearingdate.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-10
Equitable relief
Sec. 10. The court may issue an injunction or order otherequitable relief under this chapter regardless of whether an adequateremedy exists at law.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-11
Order to vacate Sec. 11. Notwithstanding any other provision of law, and inaddition to or as a component of a remedy ordered under section 10of this chapter, the court, after a hearing, may order a tenant thatcreated a nuisance on the property leased by the tenant to vacate theproperty within seventy-two (72) hours after the issuance of theorder.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-12
Restitution; possession; removal of tenant's personal property
Sec. 12. (a) The court, after a hearing under this chapter, maygrant a judgment of restitution or the possession of the property tothe owner if:
(1) the owner and tenant are parties to the action; and
(2) the tenant has failed to obey an order issued under section10 or 11 of this chapter.
(b) If the court orders the owner to have possession of theproperty, the court shall require the sheriff to execute the order ofpossession not later than five (5) days after the order is issued.
(c) If the owner is awarded possession of the property, the ownermay seek an order from the court allowing removal of a tenant'spersonal property under IC 32-31-4.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-13
Plan for correction
Sec. 13. In an action under this chapter, the court may order theowner of the property to submit for court approval a plan forcorrection to ensure, to the extent reasonably possible, that theproperty will not again be used for a nuisance if the owner:
(1) is a party to the action; and
(2) knew of the existence of the nuisance.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-14
Proof that defendant knew of nuisance not required
Sec. 14. Except as provided in section 13 of this chapter, the courtmay order appropriate relief under this chapter without proof that adefendant knew of the existence of the nuisance.
As added by P.L.2-2002, SEC.15.
IC 32-30-8-15
Evidence
Sec. 15. In any action brought under this chapter:
(1) evidence of the general reputation of the property isadmissible to corroborate testimony based on personalknowledge or observation, or evidence seized during theexecution of a search and seizure warrant, but is not sufficientto establish the existence of a nuisance under this chapter; and
(2) evidence that the nuisance had been discontinued at the time
of the filing of the complaint or at the time of the hearing doesnot bar the imposition of appropriate relief by the court undersections 10 through 14 of this chapter.
As added by P.L.2-2002, SEC.15.